5945729 Contracting and Procurement, Office of - Notice of Emergency and Proposed Rulemaking - To amend Title 27 DCMR Chapter 16 (Procurement by Competitive Proposals) by adding standards for the use of visual quality concepts

OFFICE OF CONTRACTING AND PROCUREMENT

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

                       

The Chief Procurement Officer of the District of Columbia, pursuant to the authority set forth in Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06 (2012 Repl.)) (the “Act”), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt a new Section 1617 and to amend Section 1699, of Chapter 16 (Procurement by Competitive Sealed Proposals), of Title 27 (Contracts and Procurement), of the District of Columbia Municipal Regulations (DCMR).

 

This rulemaking updates the regulations and outlines the procedures applicable to procurement by competitive proposals. This rulemaking establishes standards for the use of visual quality concepts (VQCs) and provides a definition of VQCs.  The District Department of Transportation intends to use this method in the request for proposals process for the South Capitol Street Corridor project.

 

The emergency rulemaking is necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, as it will facilitate a major infrastructure project that will include replacing the Frederick Douglass Memorial Bridge and transforming related sections of urban freeway into a scenic boulevard in order to increase pedestrian and vehicular safety, improve multi-modal transportation options, increase community accessibility and support economic development.

 

The emergency rules will remain in effect for up to one hundred twenty (120) days from March 3, 2016, the date of their adoption; thus, expiring on July 1, 2016, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

Chapter 16, PROCUREMENT BY COMPETITIVE SEALED PROPOSALS, of Title 27 DCMR, CONTRACTS AND PROCUREMENT, is amended as follows:

 

A new Section 1617 is added to read as follows:

 

1617                VISUAL QUALITY CONCEPTS

 

1617.1             An RFP for the construction of a road, bridge, or other transportation system, or a facility or structure appurtenant to a road, bridge, or other transportation system, may require offerors to submit visual quality concepts (VQCs) prior to the submission of their final technical proposals, for review and comment by the date specified in the RFP. 

 

16­­17.2             A VQC shall represent the offeror’s approach to meeting the project design appearance goals set forth in the RFP.

 

1617.3             An RFP requiring offerors to submit VQCs must specifically state the requirements for the content of a VQC; procedures for submission and resubmission of VQCs, including the date by which the VQCs must be submitted; procedures for review of and comment on VQCs; procedures for confidential meetings related to the VQCs; and methods for evaluating VQCs.

 

1617.4             Before an offeror’s submission of its technical proposal, the contracting officer shall meet with the offeror and discuss, on a confidential basis, whether the offeror’s VQC meets the project design appearance goals set forth in the RFP. The contracting officer may invite to confidential meetings other attendees that the contracting officer deems useful for the purpose of assisting in the review of the VQC submitted by an offeror.

 

1617.5             The contracting officer may also seek confidential review of a VQC by anyone deemed useful by the contracting officer, including independent technical advisors, for the purpose of assisting in the evaluation of the VQC. Any such confidential review shall be subject to the requirements contained in § 1629.4 of this chapter.

 

1617.6             Following the confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror’s VQC meets the project design appearance goals set forth in the RFP. The contracting officer shall provide an offeror a reasonable opportunity to submit revisions to its VQC in response to the results of the confidential meeting or written comments issued to the offeror after the meeting. The written comments of the contracting officer shall set the date by which revisions to the VQC must be submitted by the offeror in order to be considered by the contracting officer.

 

1617.7             If the offeror submits, by the date set by the contracting officer in his or her written comments, a revised VQC in response to the results of the initial confidential meeting or written comments issued after the meeting, the contracting officer shall hold a second confidential meeting with the offeror and may seek confidential review of the revised VQC. Following the second confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror’s revised VQC meets the project design appearance goals set forth in the RFP.

 

1617.8             The contracting officer may allow the submission of an additional revised VQC in response to the results of the second confidential meeting or written comments issued after the second confidential meeting, if the contracting officer determines that allowing the submission of an additional revised VQC is in the best interests of the District. If the offeror is allowed to submit an additional revised VQC, the contracting officer may hold a third confidential meeting with the offeror and may seek confidential review of the revised VQC. Following any third confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror’s additional revised VQC meets the project design appearance goals set forth in the RFP.

 

1617.9             The contracting officer shall not discuss any offeror’s VQC at a confidential meeting other than the VQC of the offeror with whom the contracting officer is meeting.

 

1617.10           Nothing stated in a confidential meeting or included in a written record or summary of a meeting will modify the RFP unless it is incorporated into an amendment to the RFP.

 

1617.11           The offeror shall be solely responsible for ensuring that the final technical proposal complies with the requirements of the RFP.

 

1617.12           If an amendment to the RFP causes previously approved VQCs to become non-compliant with the project design appearance goals set forth in the RFP, then the offeror shall revise and resubmit its VQC for review and comment, in compliance with the terms of the amendment.

 

Section 1699.1 is amended by adding the following definition:

 

1699                DEFINITIONS

 

1699.1             When used in this chapter, the following words have the meanings ascribed:

 

Visual quality concept - an offeror’s description of its approach to meeting the project design appearance goals set forth in the RFP.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail] or may be submitted by postal mail or hand delivery to the address above.  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  A copy of this proposed rulemaking may be obtained at the same address.